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Wrongful Death Attorney in Collinsville

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When tragedy strikes and wrongful death ensues, Carlson Bier is your most formidable ally in Collinsville. Our esteemed legal team doggedly seeks justice for those left behind, fighting tirelessly to hold negligent parties accountable. Each attorney at Carlson Bier has adequate knowledge and experience handling complex Wrongful Death claims, leveraging their expertise to maximize compensation for the surviving family members during this challenging time. Understanding that nothing can replace a lost loved one adequately compensates you as restitution remains our top priority commitment through these difficult periods. We pride ourselves on not only being lawyers but compassionate advisors when families need us most after losing someone due to another’s negligence or misconduct. Known regionally for our effective results-oriented approach and comprehensive understanding of Illinois Law; we withstand the rigors of any courtroom trial aimed at validating your rightful claim—choose Carlson Bier as your devoted representative in seeking justice from wrongful death circumstances within Collinsville.

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About Carlson Bier

Wrongful Death Lawyers in Collinsville Illinois

At Carlson Bier, we understand the profound sense of loss and sadness that can occur in the wake of a loved one’s wrongful death. A personal injury attorney group based in Illinois, we strive to provide compassionate representation for our clients during such distressing times. Wrongful death is essentially an incident leading to fatal injuries caused by the negligence, recklessness or deliberate harm intention of other parties. It could stem from various circumstances ranging from car accidents to medical malpractice.

Navigating through legal proceedings amidst grieving your loved one can be both emotionally draining and confusing. Our experienced team at Carlson Bier is prepared to guide you every step of the way with utmost sensitivity and dedication towards achieving justice for your departed loved one. Let us shoulder this burden on your behalf as we walk you through some key tenets relevant to wrongful death:

• The crucial factor is establishing negligence: Wrongful death claims revolve around identifying that another party’s misconduct led directly or indirectly to your loved one’s demise.

• Eligibility matters: Typically, immediate family members like spouses, children (including adopted) and parents of unmarried children are eligible to file for a wrongful death case.

• Limited timeframe: You should bear in mind that there’s statute limitation periods after passing away within which one must file their claim; timely action is absolutely critical.

• Compensation considerations: Depending upon the specifics of each case, compensation may include pain and suffering before demise, loss companionship/ consortium, lost income potentiality including future earnings along with emotional distress caused by this premature fatality.

As sensitive as these issues might be, it’s vital not only for closure but also ensuring financial stability moving forward following potentially catastrophic monetary losses incurred due these unfortunate incidents leading up-to any untimely passing-away resultantly thereof liability laid onto those found responsible eventually duly adjudged finally courts lawfully accordingly pronounced judgment basis litigation undertaken properly effectively efficiently without fail assuredly guaranteed implicitly explicitly obviously noticeable evidently consequentially sequentially processed calculated carried out finalized decided legally justifiably rightfully correct manner.

Rest assured that our professional personal injury attorneys at Carlson Bier will treat your case with the attention and care it deserves, working diligently to ascertain liability and fighting passionately on your behalf. We are dedicated to providing holistic legal support that encompasses understanding eligibility, identifying negligence, upholding timelines, and outlining compensation possibilities for wrongful death cases. Our goal is to bring peace of mind during this painful period by ensuring you receive justice and fair compensation for your loss.

At Carlson Bier, we comprehend the complexities in negotiating wrongful death settlements or taking them to trial. You don’t have to carry this burden alone; our expert team will provide all necessary legal advice backed by strong empathy towards your unique situation. It’s crucial not to delay considering a wrongful death lawsuit since Illinois law necessitates such claims be filed within a specific statutory period post-incident occurrence.

We extend an invitation for you to learn more about how we can best serve your needs during these trying times. By clicking on the button below, you can get a no-obligation evaluation of what your potential case might be worth from our experienced personal injury attorneys. This could be an important first step toward seeking justice for your lost loved one. At Carlson Bier, we strive tirelessly towards serving as steadfast advocates for those unfairly affected by other people’s negligent actions – because every life matters and everyone deserves justice under the law.

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Wrongful Death FAQ​

Wrongful death occurs when a person’s death is caused by the negligence or recklessness of another person.

The following people may be able to file a wrongful death lawsuit:

  • The spouse or children of the deceased
  • The parents of the deceased
  • The siblings of the deceased
  • The personal representative of the deceased’s estate

To prove a wrongful death claim in Illinois, the plaintiff must prove the following elements:

  • The defendant owed the deceased a duty of care.
  • The defendant breached that duty of care.
  • The breach of duty caused the death of the deceased.
  • The plaintiff suffered damages as a result of the death of the deceased.

In a wrongful death lawsuit in Illinois, you may be able to recover the following types of damages:

  • Pecuniary damages: These damages are designed to compensate the plaintiff for the financial losses they have suffered as a result of the death of the deceased. This could include lost wages, medical expenses, and funeral expenses.
  • Non-pecuniary damages: These damages are designed to compensate the plaintiff for the non-financial losses they have suffered as a result of the death of the deceased. This could include pain and suffering, loss of consortium, and loss of parental guidance.

The statute of limitations for wrongful death lawsuits in Illinois is two years. This means that you have two years from the date of the death to file a lawsuit.

If you have any questions about your legal rights or options after a wrongful death, you should contact an experienced wrongful death attorney.

All Attorney Services in Collinsville

Areas of Practice in Collinsville

Pedal Cycle Accidents

Proficient in legal advocacy for victims injured in bicycle accidents due to negligent parties' lack of care or unsafe conditions.

Fire Wounds

Extending adept legal support for people of serious burn injuries caused by events or carelessness.

Healthcare Misconduct

Delivering dedicated legal support for patients affected by clinical malpractice, including medication mistakes.

Commodities Liability

Handling cases involving dangerous products, delivering expert legal guidance to individuals affected by harmful products.

Elder Mistreatment

Supporting the rights of the elderly who have been subjected to mistreatment in elderly care environments, ensuring protection.

Trip and Slip Occurrences

Expert in dealing with tumble accident cases, providing legal representation to sufferers seeking redress for their losses.

Infant Harms

Offering legal assistance for families affected by medical malpractice resulting in newborn injuries.

Motor Incidents

Incidents: Concentrated on supporting individuals of car accidents gain reasonable remuneration for hurts and harm.

Bike Incidents

Dedicated to providing representation for motorcyclists involved in motorcycle accidents, ensuring justice for losses.

Truck Incident

Delivering professional legal support for drivers involved in trucking accidents, focusing on securing appropriate recompense for injuries.

Construction Site Accidents

Dedicated to defending workmen or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Head Harms

Focused on extending specialized legal support for victims suffering from cerebral injuries due to carelessness.

Canine Attack Injuries

Proficient in handling cases for victims who have suffered traumas from K9 assaults or creature assaults.

Pedestrian Accidents

Specializing in legal advocacy for foot-travelers involved in accidents, providing comprehensive support for recovering claims.

Unjust Passing

Fighting for loved ones affected by a wrongful death, offering empathetic and experienced legal assistance to ensure redress.

Vertebral Impairment

Expert in advocating for individuals with paralysis, offering specialized legal guidance to secure justice.

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